Sunday, September 27, 2015
http://indianalawblog.com/archives/2015/09/courts_the_scot_7.html
COURTS - "THE SCOTUS’S SECRET POWER - CHOOSING THE CASES IT WILL HEAR (WITHOUT DISCLOSING THE VOTE)" WHAT ABOUT INDIANA?
Stanford law professor Jeffrey Fisher has an op-ed today in the NY Times that asks for some transparency on how the various judges vote in deciding whether to take a case.
Should Justice Scalia disclose his votes on whether to grant cert?
Scalia, in Doe v Reed, mocked those who prefer to participate in politics anonymously, such as anonymous petitions, pamphlets, or the secret ballot.
He could set an example by disclosing his own votes. I think Scalia is dead wrong about all this, but he could at least be consistent.
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